BRUMBY REVIEW RECOMMENDS NEW AUSTRALIAN ANTI-DUMPING
Following a remarkably speedy and thorough process, the Federal
Government has now released the Report
("Report") of the Brumby Review into
Australia's anti-dumping arrangements
("Review). The Review has been part of a
wide-ranging reform of Australia's anti-dumping and
countervailing system following the Report of the Productivity
Commission and increased concern that a combination of the strong
Australian dollar, surplus production overseas and the reduction of
other barriers to trade would lead to an increase in unfair trading
by overseas exporters to the detriment of Australian producers and
manufacturers. Indeed, of recent time there has been a significant
increase in anti-dumping and countervailing action in Australia so
that it now ranks second in the number of such actions brought in
the last 12 months only behind Brazil and some way in advance of
the United States.
The specific focus of the Review was whether Australia should
create a new agency to handle the anti-dumping and countervailing
actions and what steps needed to be taken to enhance administration
of the Australian regime and increase confidence and knowledge of
the availability and efficiency of the regime.
I was involved in the Review by way of meetings with Mr Brumby
and his Secretariat, making various submissions to the Review
attending a number of stakeholder forums and providing commentary
as to issues associated with the Review.
By media release dated 27 November 2012, the Minister for Home
Affairs ("Minister") released the Report
by the Review and committed to Government to "respond
Among 13 recommendations, the main 3 recommendations were as
that a new anti-dumping authority, agency or commission be
established under legislation;
that the new agency be principally located in a major city,
close to a high concentration of Australian Industry; and
that an immediate increase in resources be made available to
establish a new agency and ensure a timely resolution of underlying
I can say that while I have yet to read the Report in detail, I
endorse these recommendations and hope that the action by
Government is, indeed, swift and effective.
As readers would be aware, the numbers of trade remedy actions
in Australia are increasing all the time including the recent
re-institution of a previously terminated investigation and the
announcement on 26 November 2012 of a new investigation into
alleged subsidies relating to the export of various types of
galvanised steel when an anti-dumping action in relation to such
products had already been initiated.
ANTI-DUMPING LEGISLATION FINALLY PASSES FEDERAL PARLIAMENT
As readers would be aware, another aspect of the reform was the
introduction of several Bills representing "tranches" of
the Government's anti-dumping legislation.
By media release of 27 November 2012, the Minister also
announced the passage of the bill which he called "the biggest
reform to our anti-dumping system in a decade".
Again, according to the media release, the legislation
establish a new appeals process for anti-dumping matters;
establish the International Trade Remedies Forum in
remove the need for a separate review of anti-dumping measures
and continuation inquiries to be run in close proximity to each
allow different forms of interim dumping duty to be applied
from those currently used;
remove the current limitation to the inclusion of profit when
calculating the 'normal value' of a good in its country of
origin, in certain circumstances;
better aligns Australia's anti-dumping and countervailing
system with those of our WTO counterparts;
strengthens the provisions that deal with non-cooperation in
sampling exercises in investigations, continuation inquiries or
allows Australian industry, or the Minister, to bring about an
These changes will significantly alter Australian dumping
practice and law. In particular, the anti-circumvention changes
will have an impact on those parties who change trading practices
to try to escape measures which are imposed.
I will keep you informed of developments and will deliver new
seminars as soon as I can!
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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